Civics education: In need of more than worthy gestures

Two hundred and 22 years ago today, the United States Constitution was signed in Philadelphia. Americans once observed this anniversary with reverence. But then it became just another in the waning days of summer, or at least it was until 2004, when Congress declared Sept. 17 to be Constitution Day. Most people likely took no notice of this particular congressional action.

But schools that receive federal funding -- which is almost every public and private school in the country -- did take notice.

They are required to provide educational programming on the history of the Constitution on or near Sept. 17. Regrettably, for many students that is all they will hear about the Constitution during the school year.

Immediately after the adjournment of the constitutional convention in 1787, a Mrs. Powell of Philadelphia asked Benjamin Franklin, "What have we got, a republic or a monarchy?" Franklin responded, "A republic, if you can keep it." Were he alive today, Franklin might still ask if we can keep our republic. For the future health of that republic, the good doctor would surely prescribe more than Fourth of July fireworks and a congressionally mandated Constitution Day.

Franklin and his fellow founders understood that democracy does not come naturally to human societies. What does come naturally, they knew from personal experience, is the abuse of power and worse, tyranny. As Justice Felix Frankfurter wrote in condemning President Harry Truman's seizure of steel mills during the Korean War, the founders "had no illusion that our people enjoyed biological or psychological or sociological immunities from the hazards of concentrated power."

"Our scheme of society," said Frankfurter, "is more dependent than any other form of government on knowledge and wisdom and self-discipline for the achievement of its aims."

There are no fail-safe guarantees against tyranny and the abuse of power, but our state and federal constitutions have proven to be pretty effective protections. Together they establish a structure and process of government designed to constrain and disperse power, and bills of rights that reaffirm the principles of individual liberty and popular sovereignty. Our health as a nation has not been perfect, but we have fared far better than most.

But as Justice Frankfurter reminded us, the abuse of power can result "from the generative force of unchecked disregard of the restrictions that fence in even the most disinterested assertion of authority." Constant vigilance is the only protection, and that requires a citizenry educated in the values and institutions of constitutional government. Constitution Day is a worthy gesture, but much more is needed.

Oregon law requires that public schools offer civics, but not every student is required to take what is offered. High school diploma requirements include three units of social studies, but any history, economics or geography course qualifies. As early as 2012, the state Board of Education could require demonstrated civic and community engagement. Presumably that would include working in a soup kitchen or picking up litter, both worthy activities, but not civics education.

There is good news in Oregon civics education, however, and that's the Classroom Law Project. With a tiny budget, a bare-bones staff, a dedicated board (of which I proudly acknowledge being the current chairman) and a host of volunteers, the project has provided civics education to roughly 4,000 teachers and 250,000 students over the last quarter-century. It is a gift to the state and nation worthy of celebration on Constitution Day. But this day should also remind us that our constitutions depend on the vigilance fostered by civics education for all of our future citizens.

James Huffman is the Erskine Wood Sr. Professor of Law at Lewis & Clark Law School.